Texas Penal Code Assault - Have you been charged with assaulting a public official in Tarrant County, Fort Worth, or anywhere else in North Texas? If the answer is yes, then you should hire an experienced and serious criminal defense attorney. Facing assault charges in Texas criminal court is enough, but when the charges involve a public official, the stakes are even higher.
Assaulting a public official in Texas is a third degree felony even if there is no physical contact! There are many scenarios where a police officer, security guard, or firefighter could be accidentally injured. Also, some charges of assault on a public official never involved injury or actual physical contact. In some cases, law enforcement can twist a simple act of self-defense or self-defense and you can be falsely accused of assaulting a public official.
Texas Penal Code Assault
This is why you need a strong legal team on your side to protect criminals. An experienced and aggressive criminal defense attorney is your best bet to get your assault on a public officer charge reduced or dismissed entirely.
Texas Penal Code § 28.03
The Texas Penal Code elaborates on specific circumstances and requires that the accused know that the alleged victim is a government employee if he or she is wearing an easily identifiable uniform or badge.
The Texas Penal Code further lists specific individuals who may be considered public employees: EMTs, paramedics, law enforcement and police, security, fire and emergency personnel.
However, at the end of this section, there is a broad generalization about how Texas defines emergency personnel that is of particular concern. The law states that emergency service personnel include persons employed in all of the above positions
"And other natural persons who, in the scope and purpose of employment or as volunteers, provide services for the benefit of the general public during emergency situations."
Tx Penal Code Ch 43.03
This broad generalization in Texas criminal law makes it difficult for some prosecutors to oppose a simple charge of assault on a public official, even if the alleged victim is not actually a public official.
Although allegations of assault on a public official are serious, in many cases the alleged aggressor had little or no control over the circumstances leading to the accusation. The following are two scenarios that illustrate these situations:
As you can see, each of these incidents is significantly different, but each of them can result in criminal charges being filed against you.
Under Texas law, aggravated assault on a public official occurs when a member of law enforcement, emergency personnel, or medical personnel is struck with a deadly weapon or suffers serious injury. Using a deadly weapon in any of the above hypothetical situations will result in increased charges and harsher penalties.
Assault On A Child Or Elderly Person Charges In Texas
In these cases, the deadly weapons include knives, handguns, explosives and shotguns. If you have been charged with assaulting a public official and a weapon was involved, contact a criminal defense attorney familiar with assault charges. They need as much head start as possible to protect you from attacking a public official.
In Texas, simple assault on a public official is a third-degree felony, and the punishment you face if convicted is a felony. A conviction carries a penalty of up to 10 years in prison, an additional 10 years of probation and a fine of up to $10,000. Keep in mind that the maximum sentence is 25 years firearms ban, 20 years. Do not vote and list a violent crime on employment applications for life. Such a decision is unacceptable for the first offender. This emphasizes hiring a criminal defense law firm with a proven track record of protecting citizens in Fort Worth and surrounding cities in Tarrant County, Texas.
Yes. It is important to understand that in order to be convicted of assault on a public official, you only need to prove a threat of physical harm, physical contact does not have to occur. How is it possible? If a police officer or other public official declares that their actions pose an imminent threat of serious bodily harm or death, you may face a charge of assault on a public official.
If a weapon of any kind is involved in the attack, the offense is upgraded to "aggravated" and the punishment is more severe. If the charges are elevated to aggravated assault on a public official, you're looking at a first degree felony. If convicted, you face life in prison; If you are convicted of murdering a public official, you face the death penalty in Texas. This is why you need an experienced civil servant challenge attorney.
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One of the most important differences between a charge of simple assault and assault on a public official is that the aggressor must be aware that the alleged victim was a public servant at the time of the incident. If the prosecutor can't prove you knew, the charges should at least be reduced to simple assault (a Texas misdemeanor) or dismissed entirely.
For example, if you are involved in an altercation and an off-duty police officer is injured, the charge of assault on a public officer may be reduced to simple assault if the off-duty police officer is clothed or clothed. Badge. Therefore, it is important to thoroughly discuss the incident with your criminal defense attorney; You cannot be convicted of assaulting a public official in Texas unless you knew the person was a public employee.
Even if there are witnesses to the dispute, there are other ways to refute these allegations. Someone may claim to have acted in self-defense out of fear for their safety or the safety of a family member; This strategy is considered a solid defense.
In an affirmative defense, you admit the attack but provide adequate reasons. In this situation, the legitimate reason is that you were trying to protect yourself from a similar attack by the police against you. A police officer must not attack and injure you without reason. We have recently seen examples of this police misconduct where citizens are seriously injured or killed as a result of illegal police action. You have the right to protect yourself from an unlawful attack by the police.
Assault And Battery
A person who is intoxicated against his will, suffers a head injury, cannot logically understand that he is a public official, or proof that the act was accidental can serve as a defense. Your criminal defense attorney will discuss all possible options with you.
Let's assume for a moment that you have a viable defense for your assault on a public official. What should your criminal defense attorney do at the beginning of the trial? The best assault lawyers in Texas will review the state's evidence and prepare an evidence package to present to a grand jury.
According to the Texas Penal Code, every crime in the state of Texas must be presented to a grand jury. The Texas Constitution requires that criminal cases be presented to a grand jury to ensure that cases are adequately reviewed to protect the rights of the accused and that cases with little evidence are not included in the criminal justice system.
Texas grand juries have three options when considering the merits of the crime of assault on a public servant: (1) acquit the case and assign the indictment to the district criminal court; (2) reduce the charge to a misdemeanor and assign it to the misdemeanor court; or (3) not to charge the case—this is tantamount to an acquittal or dismissal of the indictment. Unfortunately, many criminal defense attorneys do not take advantage of the opportunity to present evidence to a grand jury. If your criminal defense attorney does not present evidence to a grand jury, the grand jury will only have the legal version of events that is usually considered the truth in a criminal case and is assigned to the district criminal court.
Get A Laptop Out Or You Can Use A Penal Code Book
It is important that you hire an experienced and aggressive criminal defense attorney who is familiar with the grand jury process and is prepared and able to present evidence that will give you the best chance of getting your criminal case reduced to a lower amount. Imposed by a grand jury.
The first decision you must make after being accused of assaulting a police officer, emergency personnel or other public servant in Tarrant County is who to hire to defend you.
If you are facing allegations against a public servant, call the Hampton Law Firm now at 817-826-9905. Jeff Hampton and his team of former lawyers
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